Dear colleagues,
I think we should get our concepts clear on leave and lwp. Dictionary meaning of leave is permission. LWP can be authorized or unauthorized. Authorized LWP is when employee is granted permission to avail leave of absence on loss of pay usually because he/she has no leave balance in his/her account. In this case, it will not rank for any disciplinary action because prior permission is granted.
In another situation, when any employee chooses to remain absent without leave to the credit and without permission. This
act will call for suitable disciplinary action of show cause notice, issue of chargesheet, conducting domestic enquiry followed by an appropriate punishment if charges are proved.
The HR has no right to hold salary for LWP unless the employee is suspended pending enquiry in which case only subsistence allowance is payable as per MSO.
For late coming , salary can be deducted on pro rata basis on the principle of no work no pay as has been pointed out, subject to rules framed and properly communicated to all employees.
Regards,
Vinayak Nagarkar
HR-Consultant